Auto Insurance Claims: Do I have to help the other drivers insurance, insurance card, valid reason


Question
I was hit on the side going on the highway with 65 mph while the other driver who was behind me was going at least 80+ mph. The collision was only on the mirrors. My driver side and her passenger side mirrors collided and she lost her mirror. There are no scratches on the cars. There was no police involved.

I opened a case with my insurance and explained in writing what happened. I am not asking for anything as there is no damage.

Her insurance contacted me in writing in 2 months instead of my insurance asking to give info: my phone number, insurance, driver license, etc.

I am not sure if they even know who my insurance is, though I gave my insurance card to the driver who hit me. I won't be surprised if that driver was even drunk. She looked really weird.

Do I have to help her insurance by law? What if I don't?

I don't see any wrongdoing on my part and don't have time to bring car for inspection etc.

What's the worst thing that can happen to me if I ignore her insurance? I don't feel like helping somebody who almost killed me.

Thank you very much.

Answer
Marina,

Generally speaking, there is no obligation to comply with the requests of another persons insurance company where no claim is being made under that policy. The duty to cooperate arises under contract or by operation of law. I am not sure what state you are in and do not know the specific laws of the state. However, cooperation clauses arise primarily under contract and if you are not seeking benefits under that particular contract (the other drivers insurance) it would seem you do not have a duty to assist them. If your state has a law to the contrary, ask the requesting insurance company to provide you a written explanation of where your duty to cooperate arises from.

However, if there is no valid reason not to and the requests are not too intrusive, you may want to consider giving them some information so they can resolve the issue.

Best of luck.

Marc B. Nussbaum, Esquire